| Commentary

89 Malicious falsehood

| Commentary

89 Malicious falsehood

An action for malicious falsehood (or ‘trade libel’ as it is sometimes described) could arise where an advertiser compares his goods with those of a competitor in a manner that is unfavourable to the competitor1. For there to be a cause of action, it is necessary to establish:

  1. 89.1

        that a false statement was made (typically, in advertising and marketing-related cases, in relation to the goods or property of the claimant);

  2. 89.2

        that it was made maliciously; and

  3. 89.3

        that it caused damage.

Such claims have often been difficult to pursue in advertising and marketing-related

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